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Police Can Search Through Your Cell Phone During Traffic Stop
Published:
Unsettling Thought of the Day: The law allows police to search through cell phone contents of people who have been stopped for arrestable traffic offenses. Gizmodo reports that a recent academic article by South Texas Assistant Professor Adam Gershowitz explains that many traffic violations merit a search for contraband like drugs, and search parameters extend to hand-held devices. The law considers cell phones and iPods to be closed containers that police are permitted to "open," even if they contain your private text messages, photos, call history, browsing history and e-mails.
The thirty page article includes a 2007 case that went to the Fifth Circuit Court of Appeals – the United States v. Finley – in which police arrested a man following a drug sales sting and looked through the cell phone that was on his person. They found text messages that appeared to be connected to drug dealing, evidence which was used to convict Finley. In the end, the appeals court supported the legality of the search.
Truth be told, this news gives us goosebumps. Not because we plan on going 90 mph in a school safety zone, but because the larger issue of privacy seems to be at stake. It would be easy just write this one off as a proof that The Man is indeed a Fascist out to take away all of our liberties, but we just think it's a case in which the law has to catch up with technology. The writers of the Constitution and the Bill of Rights could not have foreseen this kind of scenario, and it should be the responsibility of the US Congress to take up the issue as we become more and more enmeshed in a gray legal area that hasn't kept up with technological developments. Do you think police are justified in looking through your cell phone during a legal search?
By--Alon Avdi
Comments
I couldn't believe it when I heard about this.
In the old days we taught our children to find a policeman if someone tried to harm them. Now the children are afraid of the police (as they should be). The "We Serve and Protect" slogan they boast on their cars should be changed to "We Harass and Arrest".
As the lights flash and spotlight blinds you, the jack-booted officer comes to your car window and informs you that your tail light is out. He didn't stop you for the tail light...he stopped you to see your "papers" and search your car under any pretense he can find. He is not protecting or serving you, he is harassing you with the hope of busting you for something more than a broken tail light.
So, to continue - I know some people on LP think I like to be controversial, but that isn't true. (only when I strongly disagree! lol) Applejack78, if someone is old enough to drive a car, there is no such thing as being stopped for a "minor" consumption of alcohol. Use that term when apologizing the the families whose loved ones were killed by teenagers. Actually, I should just send you my local newspaper from last week. You can add up all the deaths from teen drinking. "just another teenager?" Thank God your son is still alive to complain about the confiscation of his cell phone. Anyway, 21 is the legal drinking age in every state, isn't it?
No, I don't like my privacy being invaded. I even voiced disapproval when my driver's licensed was swiped at the polls. I don't like using my social security number to apply for jobs, but it's the only way they can report my income to the IRS or run a background check. Yes, I'd rather they keep track of the bad guys like the terrorists and illegal aliens who are infiltrating our country. Honestly, did you ever think we actually had any privacy? Just apply for insurance or credit. If you have a soc sec # and you pay taxes or work legally, there is no hiding place and hasn't been for a long time. When you get 100 credit card offers in the mail it's because your name and personal information is being sold by the credit reporting bureaus, the banks, your mortgage company and who knows what else. This is nothing new. However, to say that it's violating a drug dealer's constitutional rights to search through his cell phone is ridiculous. I suppose if we catch a man raping a 5 year old, he has a right to complain when the cops go through his computer to find porn. You must feel that way if you are defending a drug dealer.
I am dead set against entrapment, racial profiling and harassing innocent bystanders. However, please post an article that talks about a housewife who was pulled over while grocery shopping. Using examples with cases where drug dealers were convicted and posts from members who think their underage kids should drive drunk are very, very bad examples of fascism. Indeed it exists and it frightening, but to answer the question "Do you think police are justified in looking through your cell phone during a legal search?" Yes. I have nothing to hide.
Interesting comment at the end:
"Mr. King does not have a cell phone."
If a person is uncooperative, drunk, high, beligerent, etc. with the authorities, you will have a bad experience, guaranteed. It is their job to keep people safe from themselves and others.
"I wonder if some of these things will ease up a bit once bush leaves office.if we get a democratic president in there maybe this invasion of our privacy will tone down a bit.probably won't be we can always hope....."
___________________________________________________
It will only get worse.
I'm not hiding out from the police or the government, and I don't sell drugs!!!
I'd appreciate it if you wouldn't label me like that.
There is no way I could have obtained my CDL Class "A" driver's license without going through a backround check.
Thanx and have a great day!
I lost my handgun AND my right to carry it because I had the audacity to stop a felony in progress. While I was being handcuffed, the police told me that I was NOT being arrested, and that the handcuffs were for their protection.
What was my crime? I stopped the man who had rear-ended me TWICE and seriously injured my 70-yr-old mother as he tried to flee from the police. The kid had no driver's license, no insurance, the license plates on his truck didn't belong to him and were registered to another vehicle and he was ON PROBATION for Driving While Suspended for having caused previous accidents. Further, he caused ANOTHER accident just a few weeks after he hit me! The cops wrote him yet another ticket and let him drive home.
My criminal record consists of one count each of Minor Entering a Tavern and Minor Consuming Alcohol, both from the same incident in 1978. The kid who hit me has a record that fills four pages, and includes an arrest for Sexual Assault Against a Minor Child. In his deposition, while the prosecuting attorney sat right across the table, the kid who rear-ended me stated that he had gone to the home of one of the witnesses who would later testify against me at my upcoming trial. He admits that they discussed the case, and when asked about the purpose of the visit, he states that he was there to buy another car! Now, he's still out there, driving around with no license and no insurance, with the full endorsement of the Noble County Prosecutor and the police.
I was acquitted of all charges at trial. The prosecutor was visibly angered when he learned that I refused to accept a plea bargain, and threatened to add more charges if I insisted upon a trial by jury. I told him to go ahead and add as many charges as he thought he could spell correctly, but no additional charges appeared on the docket, so I can only assume that the prosecutor can't spell any better than he can interpret the law.
I know what you're thinking - "Well, Jim, why don't you just go to the feds? After all, there are laws to protect us from corrupt public officials."
Think again. It's true; those laws are there, and they're written in plain English, but try, just try to get ANY state or federal agent to file charges against a public official in Indiana. I spent $15,000 on my criminal defense, and another $5,000 trying to force the police and prosecutor to comply with existing laws that state, quite clearly, that my rights, privileges and property are to be restored IMMEDIATELY upon my acquittal.
The law says that, under the circumstances, I was IMMUNE from prosecution for having detained a fleeing felon. The law says that I CANNOT be charged with a crime. I was not only charged and put on trial, I am now in the process of being turned into the equivalent of a convicted felon, even though I have broken no laws, and despite my acquittal. The prosecutor wasn't satisfied with the jury's verdict; mine was the first jury trial he has ever lost, so he has decided to have me declared "violent and emotionally unstable." If he's successful, I will be deemed a "Dangerous Person," which means I will not be allowed to own a firearm, even for home protection. I will no longer be eligible to serve on a jury. I won't be able to secure a surety bond for employment. I can no longer serve as my mother's legal guardian, which means she'll have to go to a nursing home. The police will be able to search my home, without a warrant, any time they feel the need. They won't need a warrant to search my vehicle if I'm pulled over, and they can beat me as hard as they like by saying, "He resisted; I was just doing my job."
I've written my congressman, my state representative, the Indiana Attorney General, our governor, the Indiana State Supreme Court Disciplinary Commission, the United States Attorney General, the FBI, and everyone else I could think of who could help me straighten this mess out. No one is coming to my aid. My life and my rights are not as important as the careers of a corrupt Republican prosecutor and eleven equally corrupt police officers. If we hold them accountable for their own crimes, others working in law enforcement might be afraid to do their jobs aggressively.
If you ask me, they SHOULD be afraid to pull crap like this.
Jim
I don't have GPS in my phone anyway. So I have permission to talk freely. Hello Hello hello
I'm more worried about big brother hearing my rants about the Illuminati and me spreading the word about them than anything else.
http://www.wired.com/politics/security/news/2006/05/70829
Also I'm pretty sure, unless someone can show me otherwise, that not all phones have GPS in them. The newer models have one, but not the old models.
I know this because last year when the new Gestapo took over the airport dealings of the taxi business, they made all the permitted taxi drivers use the company phones which had the GPS in them. Why would they do that if everyone has GPS in their phones?
They got so tired that they shut their phones off and somewhow this person was able to know details of the mother and daughter conversations. If I remember correctly, one incident where the girl was wearing some kind of shirt and got a message saying that the color of the shirt was ugly or something to that effect. She was no where close to any windows at the time, so it couldn't be someone with binoculars.
According to the police, they have no clue as to how this person has this technology because they weren't aware of one.
So in essence, if a computer geek with too much time on his hands has this technology, imagine what the govt. has.
I meant to say a model that hasn't yet installed a GPS yet. It's a cheap pay as you go phone, but it's new, however, even though it's new, dosen't mean it has one.
We're definitely on the wrong page today. All I said from the getgo was about hearing conversations when the phone is off, not tracking, that's very easy to do without GPS.
And the taxi example had nothing to do about the taxi company acting as police. WOW! You are way off...lol I only used that example to show proof that not all phones had GPS in them because if they did, they wouldn't require the drivers to use the company's phones, they would just track the driver's own phones. PHEW>>>
The company wants to know where each vehicle is at any given time. That's all.
Above is a link to the question at hand.
It says that 95 percent of phones have GPS but not the kind I'm speaking of. The kind where you can use it as a true GPS device, like one of those gadgets that tell you how to get to your destination. Gormin I think it's called. The 95 percent is only for police tracking, not for the govt. to eavesdrop on you when the phone is completely off.
Get it?
Do you seriously think that if you decided to get a job at the airport today, that they would say...OK justxploring welcome aboard, and go ahead and use your phone. We'll track your every move because you have a GPS in your phone. You have the 95% kind that is only used by police to track you down. The company could not track where your taxi is with the phone you have.
Here's the phone I'm talking about. It's an GPS enabled phone.
Just send my winning bet money to my address...thank you very much...lol I still owe you a lottery ticket..lol
I gave you a link. It explains it better than I can.
From Wikipedia, the free encyclopedia
Jump to: navigation, search
A GPS Phone is a mobile phone with an integrated GPS system which can be used for traveling and tracking purposes. These devices usually include built-in maps and turn-by-turn direction software.
I'm done...lol Now you can argue with Wikepedia. Leave me out of this...lol
I would never want to bet money on anything against you if you say you "won" because you said blue and I said something wasn't blue and then you sent me articles about something that comes in blue and then said "See? That's what I meant."
Comment by pacattack05 - Yesterday, 12:32 pm
This is nothing. The government now has the technolgy to eavesdrop on your cell phone even when it's turned off. As long as the phone has a global positioning in it, they can hear your conversations, even if your just talking to a friend in the living room.
I couldn't believe it when I heard about this.
That is the Quote above...cut and dry. Then you come along and say that all phones have it. And I said...no, they don't. You meant the generic kind, and I meant the GPS enabled. Sorry, maybe I should've been more specific. Most people I've spoken to about this know exactly what I mean. I never had to explain it to them so I didn't think I had to be specific.
Sure the article was talking about something else...yeah..so what? Does that mean I can't put my own two cents in about something related?
I think it was very obvious to all who read my second post in this blog, that what I wrote had nothing to do with the article. But somehow you integrated what I said with the article. I didn't twist anything around or play semantics, you were the one who melded the two stories together. I simply made a very short statement.
You were debating the other day with someone about the obesity law, and I kept telling you that I did see it on the news, but you were determined that everyone was wrong. She wasn't sure that it was in Michigan, but I jumped in and said that it was somewhere in the country.
I bet If I told you the story about the thermostat in Los Angeles, before you heard about it that you would probably argue with me for 10 hours.
There was a case not too long ago about a girl and her mother being constantly harrassed by someone who was hearing everything the girl was saying and making threats to both of them and by leaving messages on her phone. The police are baffled by this and have not yet caught the person behind this. I saw the on T.V. a few months ago. They brought in the finest computer techs to solve this but none of them had any idea how someone could posssibly hear conversations when the phone was off. They even bought different phones throughout this ordeal, but to no avail.
They got so tired that they shut their phones off and somewhow this person was able to know details of the mother and daughter conversations. If I remember correctly, one incident where the girl was wearing some kind of shirt and got a message saying that the color of the shirt was ugly or something to that effect. She was no where close to any windows at the time, so it couldn't be someone with binoculars.
According to the police, they have no clue as to how this person has this technology because they weren't aware of one.
So in essence, if a computer geek with too much time on his hands has this technology, imagine what the govt. has.
Go to my blog and look at the cell phone demo. Time*treat found the proof. So I'm not paranoid....lol
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